[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2145 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2145

 To amend the Indian Health Care Improvement Act to ensure that Indian 
       veterans are not liable for certain health care payments.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2007

  Mr. Smith (for himself, Mr. Johnson, and Mr. Dorgan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Indian Health Care Improvement Act to ensure that Indian 
       veterans are not liable for certain health care payments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Indian Veteran Health Care 
Improvement Act''.

SEC. 2. HEALTH AND HUMAN SERVICES-VETERANS AFFAIRS COLLABORATIONS.

    (a) Findings; Purpose.--
            (1) Findings.--Congress finds that--
                    (A) collaborations between the Secretary of Health 
                and Human Services and the Secretary of Veterans 
                Affairs regarding the treatment of Indian veterans at 
                facilities of the Indian Health Service should be 
                encouraged to the maximum extent practicable; and
                    (B) increased enrollment for services of the 
                Department of Veterans Affairs by veterans who are 
                members of federally recognized Indian tribes should be 
                encouraged to the maximum extent practicable.
            (2) Purpose.--The purpose of the amendment made by 
        subsection (b) is to reaffirm the goals stated in the document 
        entitled ``Memorandum of Understanding Between the VA/Veterans 
        Health Administration And HHS/Indian Health Service'' and dated 
        February 25, 2003 (relating to cooperation and resource sharing 
        between the Veterans Health Administration and Indian Health 
        Service).
    (b) Amendment.--Title IV of the Indian Health Care Improvement Act 
(25 U.S.C. 1641 et seq.) is amended--
            (1) by redesignating section 407 as section 408; and
            (2) by inserting after section 406 the following:

``SEC. 407. ELIGIBLE INDIAN VETERAN SERVICES.

    ``(a) Definitions.--In this section:
            ``(1) Eligible indian veteran.--The term `eligible Indian 
        veteran' means an Indian or Alaska Native veteran who receives 
        any medical service that is--
                    ``(A) authorized under the laws administered by the 
                Secretary of Veterans Affairs; and
                    ``(B) administered at a facility of the Service 
                (including a facility operated by an Indian tribe or 
                tribal organization through a contract or compact with 
                the Service under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.)) 
                pursuant to a local memorandum of understanding.
            ``(2) Local memorandum of understanding.--The term `local 
        memorandum of understanding' means a memorandum of 
        understanding between the Secretary (or a designee, including 
        the director of any Area Office of the Service) and the 
        Secretary of Veterans Affairs (or a designee) to implement the 
        document entitled `Memorandum of Understanding Between the VA/
        Veterans Health Administration And HHS/Indian Health Service' 
        and dated February 25, 2003 (relating to cooperation and 
        resource sharing between the Veterans Health Administration and 
        Indian Health Service).
    ``(b) Eligible Indian Veterans' Expenses.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall provide for veteran-related expenses 
        incurred by eligible Indian veterans as described in subsection 
        (a)(1)(B).
            ``(2) Method of payment.--The Secretary shall establish 
        such guidelines as the Secretary determines to be appropriate 
        regarding the method of payments to the Secretary of Veterans 
        Affairs under paragraph (1).
    ``(c) Tribal Approval of Memoranda.--In negotiating a local 
memorandum of understanding with the Secretary of Veterans Affairs 
regarding the provision of services to eligible Indian veterans, the 
Secretary shall consult with each Indian tribe that would be affected 
by the local memorandum of understanding.
    ``(d) Funding.--
            ``(1) Treatment.--Expenses incurred by the Secretary in 
        carrying out subsection (b)(1) shall not be considered to be 
        Contract Health Service expenses.
            ``(2) Use of funds.--Of funds made available to the 
        Secretary in appropriations Acts for the Service (excluding 
        funds made available for facilities, the Contract Health 
        Service, or contract support costs), the Secretary shall use 
        such sums as are necessary to carry out this section.''.
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